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Legacy agreements 2

FOI14602 – Request for information


Thank you for your email of 27 October 2015 requesting, by reference to your previous request of 8 October 2015 (and our response), information from Ordnance Survey in accordance with the Freedom of Information Act 2000, as follows:

On the basis of your response please could you amend the request to cover specifically only legacy agreements with regard to Landmark, Goad and Satellite Navigation companies? As before no financial details to be included.

Our response

In view of the fact that the previous request referred to Landmark PointX, we have interpreted your request as referring to agreements with PointX which, as you may know, is a joint venture between Ordnance Survey and Landmark.

For further clarification, and again in light of your previous request, we understand that by legacy agreement, you are referring to agreements issued in the last 16 years on terms which are not currently available to commercial businesses, and that were not standard agreements at the time (for example, you are not interested in Specific Use Contracts which have been withdrawn/replaced).

I confirm that Ordnance Survey does hold some of the information you have requested. Where the information is not held or is exempt from disclosure this is detailed.

I am pleased to provide you with the following attached Agreement:

  • Licence Agreement (with financial details redacted as requested) between Ordnance Survey and Point X Limited dated 30 March 2001, as amended by a Variation Agreement dated 3 April 2003 (the Point X Agreement). We have not entered into any legacy agreements with Goad or SatNav companies within the last 16 years, and so this information is not held. (This information is available on request).

Section 40
In the attached Agreement, we have redacted the names of specific individuals, and their signatures, where we consider this information to be exempt under Section 40 (2) ‘Personal Information’. This includes some third party personal information.

Section 40(2)(a) and (b), together with the condition under section 40(3)(a)(i) of the FOIA, provides an absolute exemption, where the disclosure of information would contravene any of the data protection principles under the Data Protection Act (DPA) 1998. In this case, we have exempt information constituting the personal data of living individuals, the release of which would be in breach of the Data Protection Principles.

In applying this exemption, we have considered whether disclosure of the personal data in question would be 'fair' (as described in Schedule 1 of the Data Protection Act). We have given particular consideration to the likely expectations of the data subjects regarding the disclosure of their personal information, whether they are already publicly referenced through their position and if they would expect to be publicly referenced in this manner, in reaching our decision to withhold this information.

Duty to provide advice and assistance
However under our duty to provide advice and assistance as stipulated in Section 16 of the FOIA, we would advise you as follows. As we noted in our response to your FOI request of 8 October, Ordnance Survey operates a standard pricing and licensing model, which aims to ensure that customers/partners are licensed on the same terms for comparable purposes.

Over time, our pricing and licensing model evolves, to meet new needs, and in response to feedback from customers and partners. In relation to the publishing market, our terms have evolved very significantly over the last 16 years to enable our digital data to be used by publishers in various publications (e.g. leisure guides, motoring atlases, street atlases and business plans). These terms have always been available to the entire publishing community, including Goad.

In respect of Point X, as we noted in our response to your previous request of 8 October, we migrated Point X away from the Point X Agreement, and onto standard terms, with effect from July 2014 (in accordance with the termination provisions of the Point X Agreement).

I hope this helps with your enquiry.

Internal review

Your enquiry has been processed according to the Freedom of Information Act (FOIA) 2000. If you are unhappy with our response, you may request an internal review with our FOI Internal Review Officer, by contacting them as follows:

FOI Internal Review Officer
Customer Service Centre
Ordnance Survey
Adanac Drive
SO16 0AS

Email: foi@os.uk

Please include the reference number above. You may request an internal review where you believe Ordnance Survey has:

  • Failed to respond to your request within the time limits (normally 20 working days)
  • Failed to tell you whether or not we hold the information
  • Failed to provide the information you have requested
  • Failed to explain the reasons for refusing a request
  • Failed to correctly apply an exemption or exception

The FOI Internal Review Officer will not have been involved in the original decision. They will conduct an independent internal review and will inform you of the outcome of the review normally within 20 working days, but exceptionally within 40 working days, in line with the Information Commissioner’s guidance.

The FOI Internal Review Officer will either: uphold the original decision, provide an additional explanation of the exemption/s applied or release further information, if it is considered appropriate to do so.

Appeal to Information Commissioner's Office (ICO)
If, following the outcome of the internal review you remain unhappy with our response, you may raise an appeal with the Information Commissioner’s Office at:

The Case Reception Unit
Customer Service Team
The Information Commissioner’s Office
Wycliffe House
Water Lane

Email: mail@ico.gsi.gov.uk

Telephone helpline: 0303 123 1113 or 01625 545745 for advice, Monday to Friday.

Thank you for your enquiry.

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